Except as otherwise provided in this chapter, the lawful use
of the land or a building or structure existing at the date of the
adoption of this chapter may be continued, although such use, building
or structure does not conform to the regulations specified by this
chapter for the zone in which such land, building or structure is
located; provided, however, that:
[Added 4-25-1994 by Ord. No. 9-94]
No previously conforming lot or structure shall be deemed nonconforming
with respect to lot area or front or side building setback under the
provisions of this chapter if said lot or structure shall have been
rendered nonconforming by property acquisition or condemnation of
the county or municipality, and further provided that any structure
rendered nonconforming with respect to a side or front yard setback
by such acquisition or condemnation may be expanded, provided that
such expansion into required setback area shall not extend closer
to any property line than the existing structure. The provisions of
this section shall not be applicable in the event that such acquisition
or condemnation shall reduce the actual lot area or building setback(s)
by more than 50% of that required pursuant to this chapter.
A nonconforming use shall be presumed to be abandoned when there
occurs a cessation of such use or activity by an apparent act or failure
on the part of the tenant or owner to reinstate such use within a
period of one year from the date of cessation or discontinuance. Such
use shall not thereafter be reinstated, and the structure shall not
be reoccupied, except in conformance with this chapter.
[Amended 3-23-2010 by Ord. No. 10-10]
A.Â
If any nonconforming building or structure shall be destroyed by
reason of windstorm, fire, explosion or act of God or otherwise to
an extent of more than partial destruction as provided for in N.J.S.A.
40:55D-68, then such destruction shall be deemed complete destruction,
and the structure may not be rebuilt, restored or repaired, except
in conformity with the regulations of this chapter. Nothing in this
chapter shall prevent the strengthening or restoring to a safe condition
of any wall, floor or roof which has been declared unsafe by the Construction
Official.
B.Â
Any nonconforming building, structure or use which has been damaged
by fire, explosion, flood, windstorm or act of God shall be examined
by the following three people:
C.Â
If, in the opinion of the majority of the above three people, the
value of repairing the condition is 50% or greater of the total market
value of replacing the entire structure, it shall be considered destroyed
and may be rebuilt to the original specifications only upon approval
of any variance and/or site plan required by state statutes.
[Amended 2-8-2011 by Ord. No. 01-11]
D.Â
Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided that it does not exceed the height, area and bulk of the
original structure.
E.Â
The percent damaged shall be the current replacement costs of the
portion damaged, computed as a percentage of the current replacement
cost of the entire structure, and shall not include the cost of the
foundation unless the foundation is damaged or condemned.
No nonconforming use shall, if once changed to a conforming
use, be changed back again to a nonconforming use.
A nonconforming building or structure may be altered, but not
enlarged or extended, during its life to an extent not exceeding,
in the aggregate, 50% of the market value, unless said building or
structure is changed to a building or structure conforming to the
requirements of this chapter.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building or structure for which
a building permit has been heretofore issued and substantial construction
has taken place prior to the date of the adoption of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the provisions of this chapter shall also apply to
any nonconforming uses, buildings or structures existing therein or
created thereby.[1]
[1]
Editor's Note: Original § 109-130.1, Lots of record,
of the 1972 Code, as amended, which immediately followed this section,
was repealed 11-9-2010 by Ord. No. 36-10.
[Added 6-14-2011 by Ord. No. 20-11]
Where a residential nonconforming lot was previously created by a subdivision approved by the Jackson Township Planning Board, and where such lot was located in the R-1 Residential Zone, and where such lot was a conforming lot at the time of such subdivision approval, and where a single-family home was developed on such lot, such residence may be expanded and accessory structures may be constructed as long as same shall be in conformance with § 244-47, R-1 Residential Zone, provided that:
A.Â
At the time of and since the adoption of the ordinance making such
lot nonconforming, the owner of the lot did not own adjoining property
which may be (have been) used to cause such lot to become a conforming
lot; and
B.Â
The required front yard, side yard and rear yard setbacks are met
as required in the R-1 Residential Zone; and
C.Â
Said lot shall have a minimum area of 43,560 square feet; and
D.Â
This section shall apply only to the non-Pinelands area of Jackson
Township.
E.Â
This
section shall also authorize the owner of a residential nonconforming
lot, which has been previously developed as a single-family residence
in the R-1 Residential Zoning District, and which was conforming at
the time said dwelling was constructed, to demolish and replace that
existing dwelling with a newly constructed residential home on said
lot provided the new home meets all other front yard, side yard and
rear setbacks required in the R-1 Residential Zoning District, with
the exception of lot width.
[Added 3-28-2023 by Ord. No. 10-23]
[Added 9-16-1991 by Ord. No. 34-91; amended 12-23-2002 by Ord. No.
50-02]
On lots of record with preexisting single-family dwellings of three acres or less within the R-3 Zone at the time of the adoption of this chapter, those lots will have the same accessory building requirements as those specified under § 244-142B above.
[Added 7-27-1992 by Ord. No. 14-92; amended 5-10-1993 by Ord. No.
21-93]
In the non-Pinelands portion of the Township, a preexisting detached single-family dwelling and/or accessory structure thereto, which is nonconforming with respect to a required setback or setbacks, may be expanded, provided that the proposed expansion into a required yard area shall not extend closer to the property line than the preexisting structure. Nothing in this subsection shall be construed to exempt required compliance with § 244-137.
